Opinion
NOT TO BE PUBLISHED
Super. Ct. No. NCR70012.
HULL, J.
On September 7, 2006, the victims reported several items stolen from their home including golf clubs and a reciprocating saw. On September 14, 2006, a pawnshop notified the county sheriff that it had purchased golf clubs and a reciprocating saw from defendant Charles Duane Dutcher. The items belonged to the victims. Defendant had in his possession the pawnshop slip. Defendant claimed he obtained the stolen items from someone else who he refused to identify. Defendant denied stealing the items.
On the first day of jury trial and prior to jury selection, the prosecutor dismissed a first degree burglary charge (Pen. Code, § 459; undesignated section references are to this code). During the prosecutor’s case-in-chief, defendant entered a negotiated plea of no contest to receiving stolen property (§ 496, subd. (a)) and admitted a strike prior (1984 first degree burglary) (§ 667, subds. (b)-(i)) and eight prior prison terms (§ 667.5, subd. (b)). Defendant entered his plea and admissions in exchange for dismissal of two remaining strike priors and a stipulated state prison term of 14 years, that is, six years for the underlying offense (the upper term doubled for the strike prior) and eight one-year enhancements.
At sentencing, the prosecutor informed the court that defendant had not served a term for one of the prior prison terms he had admitted. Defendant was allowed to withdraw his admission and that allegation was dismissed. The prosecutor also noted that two other prior prison terms defendant had admitted had been served concurrently; the prosecutor stipulated that only one year could be imposed for those. The court sentenced defendant to state prison for an aggregate term of 12 years, imposed a $400 restitution fine, a corresponding $400 parole revocation restitution fine and a $20 court security fee, ordered defendant to pay victim restitution in an amount to be determined and to submit to DNA testing and awarded 249 days of presentence custody credit, that is, 166 actual and 83 conduct pursuant to section 4019.
Defendant appeals. He did not obtain a certificate of probable cause (§ 1237.5).
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: NICHOLSON, Acting P.J., CANTIL-SAKAUYE, J.